UNITED STATES – IMPORT PROHIBITION OF

CERTAIN SHRIMP AND SHRIMP PRODUCTS

Notification of an Appeal by the United States under

paragraph 4 of Article 16 of the Understanding on Rules

and Procedures Governing the Settlement of Disputes (DSU)

            The following notification, dated 13 July 1998, sent by the United States to the Dispute Settlement Body (DSB), is circulated to Members.  This notification also constitutes the Notice of Appeal, filed on the same day with the Appellate Body, pursuant to the Working Procedures for Appellate Review.

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            Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Rule 20 of the Working Procedures for Appellate Review, the United States hereby notifies its decision to appeal to the Appellate Body certain issues of law covered in the panel report on United States - Import Prohibition of Certain Shrimp and Shrimp Products and certain legal interpretations developed by the panel.

            The United States seeks review by the Appellate Body of the panel's finding that the United States measure at issue is not within the scope of measures permitted under the introductory sentence ("chapeau") of Article XX.  This finding is in error, and is based on erroneous findings on issues of law and on related legal interpretations with respect to the interpretation and application of the Article XX chapeau.

            The United States also seeks review by the Appellate Body of the panel's procedural finding that accepting non-requested information from non-governmental sources is incompatible with the provisions of the Understanding on Rules and Procedures Governing the Settlement of Disputes.